When your loved one begins their stay in a nursing home, you trust that the staff will care for them. When these facilities break that trust and cause real harm, it feels like a gross violation.
If your loved one has been affected, help is available. At Jenner Law, our nursing home abuse lawyers fight tirelessly for residents who have been neglected or abused.
All of our lawyers and paralegals have undergone trauma and cognitive interview training at the Center for Hope because we know the importance of empathetic representation. Call us today to schedule a free case consultation with a personal injury lawyer in New York.
How Jenner Law Can Help
When nursing home residents have unexplained injuries or show radical changes in mood or emotion, families may question the provided care. Jenner Law can help you through the entire process of holding negligent staff and facilities accountable for their behavior.
Our attorneys can gather evidence of negligent care, obtain medical documentation showing the effects of abuse, and initiate the insurance claim process. If necessary, we can file a civil lawsuit in the New York County Courthouse on Centre Street, where the state Supreme Court operates.
We can also help you report nursing home abuse or neglect to the New York State Department of Health or Adult Protective Services, which can trigger a formal investigation. We can handle the difficult legal legwork, so you can focus on supporting your loved one in their time of need.
For a free legal consultation with a nursing home abuse lawyer call,
(888) 585-2188
Types of Abuse and Neglect in Nursing Homes
Nursing home abuse can manifest in different forms.
- Physical abuse. Hitting, striking, rough handling, using restraints, intentionally creating discomfort, withholding food or medicine, and sexual abuse. If your loved one is injured, remember to call 9-1-1 or seek care at a local hospital like Mount Sinai Hospital or NYU Langone Hospital.
- Emotional abuse. Belittling, humiliating, isolating from other residents, threats, or intimidation, not allowing visitors
- Financial abuse. Stealing money or possessions, using credit cards, and making changes to financial documents
- Neglect. Mixing up medications, unsanitary conditions, bed sores, and neglecting resident hygiene
Abuse and neglect are rarely single events and instead encompass a pattern of problematic behavior. It’s important to understand the different types so you can identify signs of abuse and take action.
Rights of Nursing Home Residents in New York
New York State has codified a number of rights for nursing home residents. Facilities must respect these rights and can open themselves up to sanctions and punishment if they don’t. Nursing residents have the right to:
- Dignity and respect. Residents have the right to a comfortable environment and to receive care without discrimination.
- Informed consent. Residents have a right to be informed about the services and care they will receive.
- Privacy. Residents have the right to privacy in communications.
- Financial protection. Residents have the right to have their property and money safeguarded and protected from theft.
- Visitors. Residents have the right to have visitors at the time of their choosing.
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Compensation We Can Recover
Losses associated with nursing home abuse can range from financial to emotional. Depending on the circumstances, you can recover money for the following types of losses in a nursing home abuse lawsuit:
- Cost of medical treatment necessitated by the abuse
- Cost of relocation to a different facility
- Compensation for emotional suffering and distress
- Reimbursement for stolen property, money, or possessions
- Loss of life enjoyment
- Funeral and burial expenses for wrongful death
If the facility or staff engage in egregious behavior or repeat violations, you may also be able to recover additional punitive damages. Jenner Law will leave no stone unturned when seeking compensation and will use every resource available to secure a satisfactory resolution.
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What Should I Do if I Suspect Nursing Home Abuse?
If you suspect that your loved one has been victimized by abuse or neglect, it’s important to document the signs:
- Take photos. Take photos of your loved one’s injuries or unsanitary conditions in the nursing facility.
- Keep a log. Keep a written log of specific details of the alleged abuse, as well as names of any involved staff.
- Obtain medical records. Get copies of your loved one’s medical records and treatment regimens to compare to the care given in the nursing home.
- Talk to a lawyer. The next step is to talk to a lawyer. They can help you gather additional information, report the facility to state agencies, and initiate the lawsuit process.
Statute of Limitations on Nursing Home Abuse Lawsuits in New York
According to NY CPLR § 214, you have three years to sue for injuries due to nursing home abuse. The three-year timer starts on the last recorded instance of the abuse, which is important, as nursing home abuse is rarely a singular event.
If your loved one has died due to nursing home abuse or neglect, then you have a two-year time limit to file a wrongful death lawsuit. In either case, missing these deadlines can preclude your ability to file a lawsuit. As such, you should start working with a lawyer early to minimize delays and the risk of payment complications.
Contact a New York Nursing Home Abuse Lawyer at Jenner Law
The consequences of nursing home abuse can be life-altering, and victims deserve a chance to hold accountable those who’ve harmed them. Jenner Law can be your legal advocate and fight for your loved one’s interests and well-being.
Contact our offices online or call us today to speak to a New York nursing home abuse lawyer about your options.
Call or text (888) 585-2188 or complete a Free Case Evaluation form